The Commission’s Amazon probe: overcoming the antitrust paradox

The Commission’s Amazon probe: overcoming the antitrust paradox

In a press conference on September 19th, EU Commissioner for Competition Margrethe Vestager announced a preliminary investigation into Amazon. At the heart of the potentially abusive conduct is Amazon’s ‘dual role’. One the one hand, Amazon offers a marketplace for third-party sellers to offer their products to consumers. On the other hand, Amazon offers its own products through its marketplace. […]

Market definition for two-(or multi) sided platforms – demand interdependence and substitution as guiding principles

Market definition for two-(or multi) sided platforms – demand interdependence and substitution as guiding principles

The past year has led to a lot of discussion on the relation between competition law and (online) platforms and a lot of disagreement on how competition law should apply in such cases as displayed by comments on the major cases of Amex and Google. Unsurprisingly, one of the most contentious aspects of these cases was the market definition. It […]

The Commission’s Android decision: Google cements its dominance in search… to the benefit of consumers?

The Commission’s Android decision: Google cements its dominance in search… to the benefit of consumers?

Last week’s Commission decision on Google’s Android operating system made for great headlines. On top of the eye-watering fine of €4.3 billion, it even had the dubious honour of eliciting a presidential tweet. It was the kind of decision that sparked extensive papers long before its adoption, and a barrage of commentary immediately afterwards. Now that the dust has settled, […]

Tales of two-sided markets, market definitions and anti-competitive effects – insights from Ohio v. American Express

Tales of two-sided markets, market definitions and anti-competitive effects – insights from Ohio v. American Express

  The case of Ohio v. Amex is the final phase of a long legal battle that started back in 2010 where Amex was accused of infringing section 1 of the Sherman Act for imposing its anti-steering provisions on merchants accepting Amex. While not delivering on all fronts, the case of Amex is an important one in the context of […]

Online platforms and refusal to deal – Unlockd vs. Google- a seminal case in the making?

Online platforms and refusal to deal – Unlockd vs. Google- a seminal case in the making?

The recent standoff between advertisement application developer Unlockd and Google, concerning the removal of Unlockd from the Google Play Store and AdMob marketplace, may turn out to be one of the most important competition law cases of the year. This case, which will likely require a competition law review of Google’s terms and conditions for these platforms, provides the opportunity […]

Price discrimination and abuse of dominance – MEO Case C-525/16

Price discrimination and abuse of dominance – MEO Case C-525/16

The recent case of MEO delivers a meaningful clarification concerning the importance of an effects analysis in the case of art. 102 (c) TFEU. While not providing an ultimate solution for all comparable future cases, the CJEU in this case clearly indicates that term ‘competitive disadvantage’ constitutes an independent element of art. 102 (c) TFEU that requires proof.   Background […]

Online platforms and abuse of dominance – the case of Funda Real Estate

Online platforms and abuse of dominance – the case of Funda Real Estate

The application of EU competition law to online platforms has been subject to much debate in the course of the past two years. The EU Commission and several national competition law authorities have launched multiple studies in order to identify the possible challenges in this context and establish an action plan. The distinguishing characteristics of online platforms including: the reliance […]